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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27751
Experience:  Active member of the NYS bar since 1989
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Can police take evidencefrom yourhome without warrent

Customer Question

can police take evidencefrom yourhome without warrent
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.

Hello,

Can you explain what the police were doing in your home so that I can answer your question?

Customer: replied 2 years ago.
they were here cause at a store someone seen me take a power inverter out of a box and walk off , but I put it down before I left inside the store , just didn't put it back where I got it , about a hr passed an the law shows up questioning me wanting to produce my license I turned to get it there was a pipe on my coffee table , soon as my hand grabbed it his hand came down on my I didn't even no he walked right in behind , so they chared me with theft , an pot now can they follow u inside like that
Customer: replied 2 years ago.
will the theft stand up in court if I left it in the store I never took nothing , don't they have to prove I took something ing in court
Expert:  Zoey, JD replied 2 years ago.

The theft probably won't stand up in court unless it's 100% clear that you intended to steal something but were stopped by security before you could. However, if you let the police into your house without a warrant and they saw contraband -- drug paraphernalia -- in plain view on your coffee table, they can lawfully take that evidence and you can be charged with the possession of the pipe. If there is enough residue in the pipe to get a positive for a controlled substance, you can also be charged with possession of the drug.

Customer: replied 2 years ago.
no I was going off the chain about them just coming in like that while I was handcuffed
Expert:  Zoey, JD replied 2 years ago.

In order to enter your house to search and make an arrest they need a warrant or an exception to the warrant requirement. Here they are likely going to claim that you let them in. But if you want to fight the case, your lawyer would move for a pre-trial suppression hearing to challenge the entry and the seizure as being unconstitutional. If you win, the evidence against you would have to be suppressed, which would mean the pot charge would be dismissed.